c. Section 8 Existing Housing Certificate program?
i. if homes meet minimum quality standards and do not cost morre than the federally prescribed maximum fair mkt rent, households participating in the program pay no more than 30% of their income in rent; the federal govt pays the difference
ii. tenant's rent share is fixed -- govt bears the burden of a higher rent and benefits from a lower rent
d. Housing vouchers?
i. all participating tenants receive a subsidy equal to the difference b/t 30% of their income and the applicable FMR in their area
ii. the govt's share is fixed ---- tenants whose rent exceeds the fair market rent pay more than 30% of their income and vice versa
e. Substantive objectives of housing program?
a) major housing related problem among poor households
b) all three forms perform well in dealing with this
ii. housing quality
a) supply side programs provide best incentive to renovate housing -- demand side only provides incentive to do minor repairs
d) TRB then reviews folder and informs tenant of intent and gives him a chance to appear b/f the board
e) Tenant is not permitted to see his folder and the decision to evict may rest on some act that the tenant is not aware of in his folder
iii. tenants must sign the rules and regulations when they get into the housing
i. Procedure for terminating tenancies deficient in four repects:
a) summary notice sent to tenant is inadequate
i) nor does the conference b/t tenant and manager clear up this inadequacy
b) denying tenants access to the material in their folders when the entire folder is considered by the TRB in its decision deprives the tenant of due process
c) denying the tenant the opportinity to confront and cross examine persons who supplied info in the folder is improper
d) failure to disclose the rules and regulations in the TRB handbook may be improper
9. Hill v. Group Three Housing Development Corp.
i. πs where seven low income woman who applied under the Section 8 housing assistance program for admission to two privately owned apartment complexes
ii. plaintiffs were denied in their application
iii. πs argue that there should be the same standards appliedfor admission in section 8 cases that there are in admission to public housing projects -- also assert that qualification for the program gives them a property right which cannot be deprived without due process of the law
b. Purpose of section 8
i. to aid lower-income families in obtaining a decent place to live and to promote economically mixed housing
c. Responsibility of running section 8
i. congress desired to place responsibility for the operation and management of the Section 8 program, including the selection of tenants with the private owner
a) encourages owner participation in the program
i. Section 8 applicants do not possess a property right simply by virtue of their membership in a class that Section 8 was intended to benefit
a) no individual applicant thought perhaps eligible for Section 8 benefits, is necessarily entitled to such benefits
ii. Section 8 regulations and the HUD handbook do not establish such mandatory limitations on the LL's discretion in the selection process that applicants acquire a property interest at the time they establish income and family eligibility
a) the limitations alone do not establish property rights given the amount of discretion still allowed
b) What is needed to give rise to a property interest?
i) language of an unmistakably mandatory character
ii) must contain particularized substantive standards or criteria which significantly guide an owner's discretion in tenant selection
c) fact that certain procedures are mandated does not establish a constitutionally protected property right